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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116711
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I married a Brasilian lady in 2002, in Sweet Home , Or. she

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I married a Brasilian lady in 2002, in Sweet Home , Or. she applied for the green card, recieved but could not stay in the US as her father took ill in Brasil, we moved from Sweet Home, Or. in 2004, applied for her spousal benifits, she is 70, I am 86, S/S denied her as she is not a citizen, this was back in 2013. Is this the law? Regards, ***** ***** Dunning S/S number###-##-####
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the SSA is correct, she would have to return to the US and then as a non-US citizen married to a US Citizen, she could qualify for your spousal benefits. You need to get her to return back to the US and you need to stay here a minimum of 30 days with her and then apply for the spousal benefits.

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